In re the Estate of Grodsky

Otto C. Jaeger, S.

In this contested accounting proceeding the executors move to vacate the objeetants’ demand for a trial by jury of those objections which relate to alleged omissions from the account of assets belonging to the estate, asserted to be in the possession of one of the coexecutors.

Whether the objeetants are entitled to a trial by jury turns upon whether their claims are based upon causes actionable at law (N. Y. Const., art. I, § 2; CPLR 4101; Surrogate’s Ct. Act, §§ 67, 68, 69; Matter of Boyle, 242 N. Y. 342; Matter of Garfield, 14 N Y 2d 251; Matter of Johnson, 46 Misc 2d 285),…